100 Me. 208 | Me. | 1905
This was an equity suit brought under the provisions of R. S. (1883), chap. 87, sec. 19, as follows: “If the Supreme Judicial Court, upon a bill in equity filed by a creditor whose claim has not been presented within the time limited by the preceding sections, is of opinion that justice and equity require it, and that such creditor is not chargeable with culpable neglect in not prosecuting his claim within the time so limited it may give him judgment for the amount of his claim against the estate of the deceased person, but such judgment shall not affect any payment or distribution made before the filing of such bill.”
The case was heard by a single justice upon bill, answer, and proof, who, after consideration, ordered, adjudged and decreed that the bill be dismissed with costs, and it comes before the law court-on appeal.
The right of the plaintiff to the relief sought depends upon the following propositions:-—
“ 1. The existence of a claim due him and enforceable by an action of law except for the special statute bar of limitations.
2. There are undistributed assets of the estate.
3. Justice and equity require it.
4. He is not chargeable with culpable neglect in not seasonably prosecuting his claim.”
It appears that the plaintiff and the defendants’ intestate, John K. Ames, during the years 1882 to 1889 inclusive, were tenants in common, in different proportions, of timber lands on or near the Machias and St. Croix rivers, and that Ames acted generally as
On November 30, 1901, the defendants brought an action at law against the plaintiff for $45,383.71, and credits in their account annexed to the writ were given to the plaintiff for certain items of stumpage collected by the intestate. The plaintiff as defendant in the action at law filed an account in set-off and the action was referred to three referees, who, after various hearings commencing in August and ending in November, 1902, filed their report. It is admitted that the referees’ report did not take into consideration the claim presented at the hearing in this cause.
John K. Ames, the intestate, died March 22, 1901, and the defendants were appointed administrators of his estate April 9, 1901, and gave notice of their appointment April 15, 1901, the last publication of the public notice being May 4th, 1901. The plaintiff has proved by competent evidence prima facie that but for the statutory bar he
The meaning of “culpable neglect” in the statute referred to has been repeatedly interpreted by judicial decisions in this state and by authority of decided cases in Massachusetts under a similar statute. It is less than gross carelessness, but more than the failure to use ordinary .care, it is a culpable want of watchfulness and diligence, the unreasonable inattention and inactivity of “creditors who slumber on their rights.” It is the policy of the law to insure the speedy administration and distribution of estates of deceased persons. Bennett v. Bennett, 93 Maine, 241; Purrington v. Dunning, 11 Maine, 174; Rutland v. Mendon, 1 Pickering, 153; Waltham Bank v. Wright, 8 Allen, 121; Jenny v. Wilcox, 9 Allen, 245; Wells v. Child, 12 Allen, 333; Sykes v. Meacham, 103 Mass. 285. The plaintiff, in a general way, knew of the lumbering operations on the Calais waters at the times they occurred, but there is no evidence that he knew the amount of the stum page. The defendants, in August, 1902, at the plaintiff’s request agreed to go over the matter of the Calais stumpage and spent two or three days doing this and informed the plaintiff or his representative that they could not find the information requested. The plaintiff from August to November had access to all the regular books of the intestate, and his son came to the office of the defendants spending three or four days weekly for three weeks in the examination. In addition to the regular books the township book kept by Mr. Ames, and the scale bills were furnished for his inspection. There seems to have been, no examination of checks and drafts made nor inquiries of Calais parties whose testimony was .presented before the justice in this case. During the pendency of the hearing before the referees errors were discovered on both sides of the accounts and by mutual consent corrected. The defendants did not concede that the omission of stumpages in the plaintiff’s account in set-off was an error but claimed that they thought the stumpages had been paid and did not admit any liability therefor. When the plaintiff on November 15, 1902, offered the account of the stumpages to the referees in the suit at law, the defendants objected and the account was excluded. Prior to that date the
Bill dismissed with additional costs; appeal dismissed; decision of the sitting justice affirmed.